We anticipate a significant shift in how the new labour government addresses immigration issues. There is a lot of misinformation about those coming to the UK, and we have already seen an increase in visa refusal. Appeal against visa refusal is either done to the Home Office or the First Tier Tribunal.
- The letter explains why the visa refused; which will help to explain whether you can appeal the decision or need to file an administrative review.
- Administrative review is a way to challenge a visa refusal, but this would filed to a Home Office senior caseworker to consider your visa refusal.
- Alternatively, you will file the visa refusal challenge to the First Tier Tribunal. It would include the grounds of appeal and claim form.
- If you have applied for a short-term visa or a visit visa route application, then you will not receive a right to appeal. In that instance, you will need to file a reconsideration request.
Things you need to do when you appeal against visa refusal
Using this checklist it will help prepare a visa refusal:
- Firstly, you are free to download a copy of the visa form. A visa form should be available for you. And you need to download for about 6 months from the date of application.
- Secondly, cover letter and documents you have filed. You need to cross-reference with the information and documents provided to check the valid reasons why the visa refused.
- In addition, please check the refusal letter and mark off the issues raised. It will help you draft the grounds of appeal.
Writing your appeal grounds or administrative review letter
In an appeal against visa refusal, you should ensure that you address the issues raised on the visa refusal letter.
- A visa refusal letter from the Home Office will explain the relevant immigration rules which applied on this application.
- The reasons why the requirements of the visa were not met is explain in the letter. However, this should help you challenge the decision made.
- Evidence is a critical part of your visa refusal. Be sure to make references to the evidence you have provided in order to meet the visa requirements.
- If you have missed that evidence or do not have it, explain the reasons.
In short, Avoid using or citing case laws or guidance’s as that does not always help on challenging a visa refusal. The grounds of appeal is different to the appeal skeleton argument.
How to submit your appeal to the Home Office or the First Tier Tribunal
The appeal is filling through online. You should complete the appeal or claim form online.
If you do not have access to the internet, you can file a paper form; however, processing times take longer to process.
Once the appeal lodged to the Home Office or the First Tier Tribunal, they will confirm receipt of the appeal through the online platform. You will be able to see the progress of the appeal and submit further representation and documents.
How to appeal visa refusal – Frequently Asked Questions (FAQ)
We address some most frequently asked questions about a visa refusal.
Where your application for a UK visa is refuse, the Home Office must provide its reasons in writing. The letter explains in detail why the visa denied, and in most visa applications, you will given 28 days to appeal against the decision.
The Home Office or the First Tier Tribunal website will let you know the costs to file an appeal or an administrative review. The fees vary and depend on the number of people who are part of the application.
When you go to pick up your passport and other documents at the visa center, they should provide a written refusal letter. In some instances, the Home Office may email the refusal letter, but this is not the usual case.
Yes, if the Entry Clearance Officer refuse the application incorrectly and your grounds, including relevant evidence, demonstrate an error in the decision-making, the visa application can be overturn.
Yes, if you have had an application refused and did not appeal the decision, you can address the issues raised through updated information and documents. In some instances, your lawyer will assess the legal matter and advise you to file a fresh application.
Above all, most lawyers have a way of writing. The Home Office or the courts do not have a standard format to file an appeal.
This is based on the visa application you have filed. You need to make sure all the correct information or documents have filed as part of the visa application. Visa decisions are base on interpretations and considerations applied by a Visa Officer. Decisions, at times, could be made in error. If so, you should legally challenge the decision.
Appeal through the First Tier Tribunal goes through a number of legal processes. This varies, usually it could take around 6 to 9 months.
There are no guidelines for how long you must wait to make a new application. However, if your circumstances have not. Then you should not apply immediately unless you have omitted information or documents relevant to the visa application.
About the author
ICS Legal are a regulated law firm in the UK and have been providing immigration & nationality advice for over 18 years. We are regulated by the Office of the Immigration Services Commissioner part of the Home Office. https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner.
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